Council Orders Removal of Safety Fence for Autistic Child Over Minor Height Breach
A family in Worcestershire has been instructed by local authorities to dismantle a garden fence constructed to safeguard their six-year-old autistic son, after it was ruled to be merely 78 centimetres (30 inches) above permitted height limits. Ian and Bethany Buswell installed the 1.78-metre (5.8-foot) barrier around their detached home in Hallow to prevent their son Louis from accessing the adjacent busy roadway, following council requests to trim a problematic hedge.
Planning Permission Denied Repeatedly After Single Complaint
The couple received an official letter in September demanding they submit a planning application for the new fence, prompted by a solitary complaint from a resident. Despite their efforts, Malvern Hills District Council rejected their application on three separate occasions, citing that the fence exceeded height regulations and disrupted the village's aesthetic character.
Bethany Buswell, a 38-year-old finance analyst for West Mercia Police and mother of two, expressed her frustration: "We thought we were doing them a favour. The pathway was so narrow at the front, it was for the safety of school children too, as they were brushing up against the old hedge. Removing it also helped us exit the property safely."
Replacing a Hazardous Hedge with a Secure Fence
The Buswells purchased their property in April 2024 and completed renovations by late August. Shortly after moving in, Hallow Parish Council requested they cut back a 4.8-metre (16-foot) hedge that was encroaching onto the pavement, creating blind spots for drivers and pedestrians.
Ian Buswell, 66, who operates a local car dealership, explained: "There had been issues with children and cyclists coming past in blind spots, hidden by the overgrown hedge, as I tried to leave my driveway." The couple invested £3,000 to replace the hedge with a fence designed without horizontal slats to deter climbing, specifically addressing Louis's tendency to bolt toward traffic.
Bethany highlighted the critical safety concern: "Louis has reached the road twice in 18 months. We're so fortunate each time he's got out, the car has stopped. He thinks it's funny because he has ADHD. That's the issue. I just want my son to play outside this summer without risking him."
Council Cites Village Character Over Safety Considerations
In its most recent rejection on Monday, the council asserted that the primary issue was the property's "character and appeal," arguing that the "village-like character" would be compromised. Although acknowledging similar-sized fences exist elsewhere in Hallow, officials deemed the Buswells' border "prominent on the street scene."
Ian countered: "They haven't given us a chance to finish it. Had we been allowed to complete it with the hedge in front, I'm sure no one would have complained. There are numerous other houses with this height in wooden fences—about seven of them. Villagers have said it's safer for them and for us. One person has made a complaint and it's caused this."
The couple had initially been told by a parish council representative that their plans were approved after adjusting the fence back 1.5 metres to accommodate a new hedge, but this assurance was later retracted.
Community Support and Ongoing Enforcement Investigation
Neighbours have reportedly thanked the Buswells for improving safety, noting that schoolchildren can now pass by more easily. However, the enforcement investigation remains active, with a Malvern Hills District Council spokesperson declining detailed comment. Hallow Parish Council has also been approached for a statement but has not yet responded.
Bethany concluded emotionally: "We bought this house as our forever home, but if we cannot secure it, we cannot theoretically live here. We need the children to play in the garden—they're just kids. A metre-high fence wouldn't stop him. Everyone other than the council has been extremely pleased with what we've done."
